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the first part as provided in the original agreement, dated December 28, 1909, 
and as further provided in this agreement: and the said two parcels of land shall 
be used and held by the party of the second part under the same terms and 
conditions in all respects as the lands leased by the party of the first part to 
the said party of the aoe part on December 28, 1909, with the following 
exceptions and condit 
That the iron nae shall be rebuilt by the Park Department or the 
Botanic Garden along the easterly side of the remaining reservoir property, 
and if the adjoining lands shall be graded to a lower elev ation, a slope of 2 to 1 
shall be left with a berm of sufficient width to secure the stability of the 
fence, and means of access to the reservoir property by vehicles shall be 
provided to the lower berm on the north side of the reservoir and to the 
roadway at the south side of the reservoir 
2. The Department of Water Sibi; Gas and Electricity intends to 
erect an office and tool house ie ately 20 feet by 30 feet at a location 
to be hereinafter designated by the Commissioner of said Department, and 
the right is hereby reserved, ae to use any portion of the lands herein 
designated and described and to be assigned to the Park jee that 
the Commissioner of the Department of Water Supply, Gas and Electricity 
as consider necessary for the erection of said office and tool hous 
The lands to be assigned to the Department of Parks shall be foaesmied 
to e Department of Water Supply, Gas and Electric ity upon the certification 
of the Commissioner of Water Supply, Gas and Electricity that said lands are 
sh for the extension or improvement of the water supply system 
- No buildings shall be erected by the Department of Panes on any 
of ae lands hereby assigned without the written consent of the Commissioner 
of the Department of Water Supply, Gas and Electricity, as set forth in said 
instrument of designation dated August 5, 1911 
\nd the party of the first part herein agrees to provide such sums as the 
Board of Estimate and Apportionment may deem necessary for the cost of 
the necessary grading, soil additions, and other permanent improvements and 
for the annual maintenance of said lands, in the same manner that it provides 
for other sed ee eee and for maintenance in the Botanic 
Garden and Arboretum heretofore established through a said agreement 
dated December a 1909, and in pursuance of authority granted by said 
chapter 178 of the Laws of 1911 
Second—And the party of the second part now holding the sum of 
$50,000.00, the principal or interest of which is to be expended for the benefit 
of the said Botanic Garden and Arboretum, is privileged after the date of the 
execution of this agreement, in pursuance of authority granted in section 2 
of said chapter me of the Laws o 1, to use the income thereof for the 
purchase of plants, flowers and trees, or for other purposes in connection with 
said Botanic ee and Arboretun 
And it is hereby expressly eee that this contract may be gna 
and annulled at any time by the party of the first part, providing the Board 
of Estimate and Apportionment of the party of the first part, its successor or 
